MILK. In England milk means, commer cially speaking, skimmed milk. 14 Q: B. Div. 193, where it was held that the sale of milk which had been deprived of sixty per cent of its butter fat was not an offence under § 6, Sale of Food and other Drugs Act, al though under § 9 of the same act the sale of skimmed milk as milk is an offence; 24 Q. B. Div. 353; 59 L. J. M. C. 45.
In many states the establishment of a standard founded on the quantity of milk solids and of fat has been adopted to pre vent adulteration and secure a proper quali ty of milk ; Com. v. Keenan, 139 Mass. 193, 29 N. E. 477; Com. v. Vieth, 155 Mass. 442, 29 N. E. 577 ; People v. Cipperly, 101 N. Y. 634, 4 N. E. 107; State v. Smyth, 14 R. I. 100, 51 Am. Rep. 344; State v. Creamery Co., 83 Minn. 284, 86 N. W. 107, 54 L. R. A. 466, 85 Am. St. Rep. 464.
Such legislation was held constitutional in the above cases. See also, Barbier v. Connolly, 113 U. S. 31, 5 Sup. Ct. 357, 28 L.
Ed. 923. And it is not material that the milk was sold just as it came from the cow ; State v. Campbell, 64 N. H. 402, 13 Atl. 585, 10 Am. St. Rep. 419; People v. Bosch, 129 App. Div. 660, 114 N. Y. Supp. 65.
A state may by statute authorize inspec tors of milk to enter all carriages used for its conveyance, and wherever they have rea son to believe the milk to be adulterated, to take specimens to be analyzed or tested; Com. v. Carter, 132 Mass. 12 ; and vendors of milk must furnish samples gratuitously ; State v. Dupaquier, 15 South. 502, 26 L. R. A. 162, 49 Am. St. Rep. 334. If upon Inspec tion milk is found to be adulterated, the ven dor may be compelled to pour it upon the ground, or return it to the person who sup plied it ; State v. Newton, 45 N. J. L. 469 ; Blazier v. Miller, 10 Hun (N. Y.) 435. See POLICE POWER ; HEALTH ; FOOD AND DRUG ACTS.